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THE FIRST SCHEDULE · ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT · Arrest before judgment

Order XXXVIII Rule 2: Security

The Code of Civil Procedure, 1908

(1) Where the defendant fails to show such cause the Court shall order him either to deposit in Court money or other property sufficient to answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule.

(2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit.

Questions on this rule

1 question in 2 of our papers cite Order XXXVIII Rule 2. Try these from the free papers:

  1. 1. Under Order XXXVIII Rule 2 of the Supreme Court Rules, 2013, no court-fees are payable on:

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